Guest Editorial: The Implications of Section 438 for the Green Technology
Section 438 of the Energy Independence and Security Act (EISA) will catapult the nation into the new era of green technology and a business-based approach for stormwater management. The law requires that federal facilities meet predevelopment hydrology for new building construction over 5,000 square feet using planning and nonstructural and structural best management practices (BMPs) to the maximum extent technically feasible. This technology-based approach is the same one that the Low Impact Development Center has been promoting since our first projects began in 1998. The goal is to protect and restore watersheds using technologies that make sense for the site and the targeted management goal. This approach promotes the use and development of the most efficient technologies that can be designed, constructed, and maintained.
The high-performance approach requires innovation and research in order to develop the most highly effective and economically efficient system. A guidance document that will create the framework for this approach is being developed by the LID Center and Tetra Tech under contract to the EPA. The LID Center has also completed a series of Public Works Technical Bulletins for the Army on using LID BMPs for installation activities. These documents show examples of how to use appropriate technology-based stormwater management strategies and help to build the foundation for sustainable stormwater management strategies.
Section 438 represents an important next step toward improving the health of the nation’s waters and signifies Congress’s recognition of the work of the EPA and its partners advocating for greener stormwater controls (www.epa.gov/greeninfrastructure). Section 438 will result in more green infrastructure at federal facilities, because maintaining predevelopment hydrology will make use of technologies and practices that promote the natural flow of water. Vegetation will be used to intercept rainfall and evapotranspirate moisture back into the atmosphere, undisturbed or enhanced soils will allow natural infiltration, and water-harvesting systems will collect and reuse rainfall on site.
This new law will allow federal facilities, ranging from military bases to post offices, to become some of the earliest adopters of green infrastructure. The number and diversity of the facilities will demonstrate the effectiveness of green technologies on a national scale and allow the government to accelerate the adoption of the next generation of environmental controls. Green infrastructure is effective at reducing the volume, peak flow, and pollutant load of stormwater runoff. It has been used to reduce the burden on existing infrastructure and to protect receiving streams.
While Section 438 is focused on stormwater runoff, green infrastructure–used for compliance–represents an opportunity for integrated environmental management. Green practices are multi-benefit, addressing air quality, energy consumption, water conservation, and climate impacts, in addition to water pollution. Using a single program like green infrastructure to provide multiple benefits allows the federal government to enhance its economic and environmental sustainability. Economic savings are gained with one program simultaneously addressing many environmental needs, and the reduced use of water and energy provide long-term savings. The greening of federal facilities will also conserve and protect limited natural resources. The inclusion of Section 438 in the EISA also recognizes the connection between water and energy. The transport, use, and disposal of water are energy intensive. Integrated water management that recognizes the resource value of water will lead to improved energy efficiencies and conservation.
The federal government is poised to become a national leader in the application of green technology. With the provisions of Section 438 based on the sound principles of predevelopment conditions, new approaches to site development and construction will be stimulated nationwide. This approach is responsive to the needs of ecosystems and provides the opportunity to lessen the impact of development. The federal government is the largest landholder in the US; the passage of the EISA, coupled with a renewed commitment to infrastructure investment, presents a unique opportunity to establish an improved infrastructure network.
